Brian Highsmith
@bhighsmith.bsky.social
institutions, inequality, geography, democracy | asst law prof at UCLA
Pinned
Brian Highsmith
@bhighsmith.bsky.social
· Jun 16
The final version of my job market paper—about the strategies that have facilitated localized corporate domination at different points in our history—is now out. I'm so grateful to the SLR team and everyone else whose feedback has shaped this along the way! www.stanfordlawreview.org/print/articl...
Reposted by Brian Highsmith
October 14, 2025 at 9:20 PM
Reposted by Brian Highsmith
What a great opportunity! Seminar Native Peoples, American Colonialism and the Constitution with @maggieblackhawk.bsky.social & Ned Blackhawk for grad students & "junior" faculty. In person & virtual. Apply by 10/10.
www.nyhistory.org/education/in...
www.nyhistory.org/education/in...
October 3, 2025 at 4:05 PM
What a great opportunity! Seminar Native Peoples, American Colonialism and the Constitution with @maggieblackhawk.bsky.social & Ned Blackhawk for grad students & "junior" faculty. In person & virtual. Apply by 10/10.
www.nyhistory.org/education/in...
www.nyhistory.org/education/in...
Reposted by Brian Highsmith
Zohran's big innovation is to attack economic *and* authoritarian power. Those are allied with each other to particularly noxious effect right now, as corporate elites capitulating to Trump's authoritarian takeover are demonstrating. Zohran attacks them as linked to one another, as I show here:
Mamdani’s innovation is showing how to emphasize cost-of-living *without* retreating from the defense of immigrants and *without* shirking the mission of centralizing Trump’s authoritarian lawlessness.
He attacks all forms of power, economic *and* authoritarian.
newrepublic.com/article/2011...
He attacks all forms of power, economic *and* authoritarian.
newrepublic.com/article/2011...
October 1, 2025 at 1:47 PM
Zohran's big innovation is to attack economic *and* authoritarian power. Those are allied with each other to particularly noxious effect right now, as corporate elites capitulating to Trump's authoritarian takeover are demonstrating. Zohran attacks them as linked to one another, as I show here:
Reposted by Brian Highsmith
These two things might seem unrelated, but together they help distill the workings of competitive authoritarianism. When the opposition loses, it gets blamed on their having terrible leaders, but part of why they have terrible leaders is bc any rising leader is hounded by the ruling party.
September 4, 2025 at 11:48 AM
These two things might seem unrelated, but together they help distill the workings of competitive authoritarianism. When the opposition loses, it gets blamed on their having terrible leaders, but part of why they have terrible leaders is bc any rising leader is hounded by the ruling party.
Reposted by Brian Highsmith
A professor who was actually canceled - fired - and crickets from the hysterical “anti-cancel culture” crowd.
A lot of people who were panic mongering about a woke cultural revolution are conspicuously quiet about a youth activist denouncing a professor for wrong think and that professor being fired as part of a campaign of public shaming by political leaders.
Update on the Texas A&M professor / cell phone video situation: the professor has been fired by the A&M president
president.tamu.edu/messages/an-...
president.tamu.edu/messages/an-...
September 10, 2025 at 1:36 PM
A professor who was actually canceled - fired - and crickets from the hysterical “anti-cancel culture” crowd.
Reposted by Brian Highsmith
These efforts to impose some state's restrictions (when it's abortion) or lack of restrictions (when it's guns) on other states are absurd
It also feels, imo, weirdly reminiscent of slave states' efforts to impose their laws on free states by demanding that they return people who freed themselves
It also feels, imo, weirdly reminiscent of slave states' efforts to impose their laws on free states by demanding that they return people who freed themselves
As I said in this piece, NH is trying to impose their weak gun laws on Massachusetts, and we want other states to respect our strong gun laws. Strong gun laws that work, that are keeping our rates of gun deaths lower than any other state in the entire country.
www.cbsnews.com/boston/news/...
www.cbsnews.com/boston/news/...
Massachusetts gun licensing law being challenged by New Hampshire as unconstitutional
New Hampshire is urging the U.S. Supreme Court to take up a challenge to Massachusetts' gun licensing laws, arguing the restrictions are unconstitutional.
www.cbsnews.com
September 6, 2025 at 9:55 PM
These efforts to impose some state's restrictions (when it's abortion) or lack of restrictions (when it's guns) on other states are absurd
It also feels, imo, weirdly reminiscent of slave states' efforts to impose their laws on free states by demanding that they return people who freed themselves
It also feels, imo, weirdly reminiscent of slave states' efforts to impose their laws on free states by demanding that they return people who freed themselves
If you're doing work in this area, do consider applying! I got such helpful feedback last year on my (then-early-stage) research about Gilded Age efforts to use state constitutions to challenge oligarchy, and also had a great time hanging out with other democracy scholars in Lansing. 10/10!
I'm very happy to share that I will be hosting the *Second* Annual Democracy and Public Law Works-in-Progress Conference at the Michigan State University College of Law on April 3–4, 2026! Law scholars (current and aspiring), I'd love to host you!
Application:
msu.co1.qualtrics.com/jfe/form/SV_...
Application:
msu.co1.qualtrics.com/jfe/form/SV_...
September 2, 2025 at 4:16 PM
If you're doing work in this area, do consider applying! I got such helpful feedback last year on my (then-early-stage) research about Gilded Age efforts to use state constitutions to challenge oligarchy, and also had a great time hanging out with other democracy scholars in Lansing. 10/10!
Reposted by Brian Highsmith
🚨 150 University of California law professors (and counting) have now signed this open letter to the UC Regents and other officials, explaining the flagrant illegality of the Trump Administration’s UCLA funding cut offs, and urging the UC to fight back. sites.google.com/view/uclawfa...
August 15, 2025 at 6:52 PM
🚨 150 University of California law professors (and counting) have now signed this open letter to the UC Regents and other officials, explaining the flagrant illegality of the Trump Administration’s UCLA funding cut offs, and urging the UC to fight back. sites.google.com/view/uclawfa...
Found in the archives: In protest of populists' inclusion of "statutory" detail (like labor rights) in the 1910 Arizona constitution, conservatives introduced a petition to constitutionally limit the size of women's "merry widow hats".. honestly, great gag, have to hand it to them.
July 21, 2025 at 1:07 AM
Found in the archives: In protest of populists' inclusion of "statutory" detail (like labor rights) in the 1910 Arizona constitution, conservatives introduced a petition to constitutionally limit the size of women's "merry widow hats".. honestly, great gag, have to hand it to them.
Reposted by Brian Highsmith
We either need to enlarge the House so much that this type of hyper-gerrymandering is no longer possible, or we need to eliminate single member districts. Or both. But there is no serious definition of democracy or republic compatible with this level of districting shenanigans.
July 20, 2025 at 3:40 AM
We either need to enlarge the House so much that this type of hyper-gerrymandering is no longer possible, or we need to eliminate single member districts. Or both. But there is no serious definition of democracy or republic compatible with this level of districting shenanigans.
Reposted by Brian Highsmith
This is why so many of us should have been listening to Black voices and learning far more about the history of racism in America.
All of that led us here. Fascism was already here for many others. And now it’s coming for the rest. If we had fought for others harder, we’d have prevented it.
All of that led us here. Fascism was already here for many others. And now it’s coming for the rest. If we had fought for others harder, we’d have prevented it.
I want to be clear: this is what American prisons are like.
I spent years posting about the humanitarian crisis in U.S. prisons. The criminal legal system consigns Americans who are incarcerated to live like this FOR YEARS. DECADES.
I spent years posting about the humanitarian crisis in U.S. prisons. The criminal legal system consigns Americans who are incarcerated to live like this FOR YEARS. DECADES.
They held him like this for 100 days.
July 17, 2025 at 12:19 AM
This is why so many of us should have been listening to Black voices and learning far more about the history of racism in America.
All of that led us here. Fascism was already here for many others. And now it’s coming for the rest. If we had fought for others harder, we’d have prevented it.
All of that led us here. Fascism was already here for many others. And now it’s coming for the rest. If we had fought for others harder, we’d have prevented it.
Reposted by Brian Highsmith
There’s so much interesting data in this latest by @adambonica.bsky.social on data and democracy. Highlights (or lowlights) to me include Supreme Court acting virtually opposite the lower courts, the U.S. being the biggest gerontocracy & low Dem turnout in 2024.
open.substack.com/pub/data4dem...
open.substack.com/pub/data4dem...
On Data and Democracy (Mid-Year Roundup): Charting the Assault on American Democracy and A Path Forward
A narrative of a democracy in the balance, told through 29 data visualizations.
open.substack.com
July 19, 2025 at 12:36 PM
There’s so much interesting data in this latest by @adambonica.bsky.social on data and democracy. Highlights (or lowlights) to me include Supreme Court acting virtually opposite the lower courts, the U.S. being the biggest gerontocracy & low Dem turnout in 2024.
open.substack.com/pub/data4dem...
open.substack.com/pub/data4dem...
Reposted by Brian Highsmith
Note also that the lawsuit alleges that because race and class are correlated, providing free tuition to lower income students is also racial preference.
They just want a pure aristocracy of inherited wealth
They just want a pure aristocracy of inherited wealth
“Johns Hopkins has not merely preserved its discriminatory DEI framework — it has entrenched, expanded and openly celebrated it as a cornerstone of its institutional identity,”
www.thebaltimorebanner.com/education/hi...
www.thebaltimorebanner.com/education/hi...
Conservative group files complaint against Hopkins medical school
America First Legal is asking the U.S. Department of Justice to launch a formal investigation into diversity policies at the Johns Hopkins University School of Medicine.
www.thebaltimorebanner.com
July 18, 2025 at 12:58 PM
Note also that the lawsuit alleges that because race and class are correlated, providing free tuition to lower income students is also racial preference.
They just want a pure aristocracy of inherited wealth
They just want a pure aristocracy of inherited wealth
Reposted by Brian Highsmith
I want to be clear: this is what American prisons are like.
I spent years posting about the humanitarian crisis in U.S. prisons. The criminal legal system consigns Americans who are incarcerated to live like this FOR YEARS. DECADES.
I spent years posting about the humanitarian crisis in U.S. prisons. The criminal legal system consigns Americans who are incarcerated to live like this FOR YEARS. DECADES.
July 16, 2025 at 11:02 PM
I want to be clear: this is what American prisons are like.
I spent years posting about the humanitarian crisis in U.S. prisons. The criminal legal system consigns Americans who are incarcerated to live like this FOR YEARS. DECADES.
I spent years posting about the humanitarian crisis in U.S. prisons. The criminal legal system consigns Americans who are incarcerated to live like this FOR YEARS. DECADES.
Reposted by Brian Highsmith
WOW. A lawyer told @miamiherald.com that a Florida Highway Patrol agent told her that they are calling Border Patrol to investigate anyone who "appears Hispanic" that they pull over.
That is direct evidence of racial profiling — said over the phone to a lawyer! They aren't even hiding it!
That is direct evidence of racial profiling — said over the phone to a lawyer! They aren't even hiding it!
July 15, 2025 at 7:34 PM
WOW. A lawyer told @miamiherald.com that a Florida Highway Patrol agent told her that they are calling Border Patrol to investigate anyone who "appears Hispanic" that they pull over.
That is direct evidence of racial profiling — said over the phone to a lawyer! They aren't even hiding it!
That is direct evidence of racial profiling — said over the phone to a lawyer! They aren't even hiding it!
Reposted by Brian Highsmith
It’s really not acceptable that this Court is allowing Trump to dismantle the federal government without even a hint of legal reason or explanation. Just raw power. www.supremecourt.gov/opinions/24p...
![SUPREME COURT OF THE UNITED STATES
No. 24A1203
LINDA MCMAHON, SECRETARY OF EDUCATION, ET AL. v. NEW YORK, ET AL.
ON APPLICATION FOR STAY
(July 14, 2025]
The application for stay presented to JUSTICE JACKSON and by her referred to the Court is granted. The May 22, 2025 preliminary injunction entered by the United States District Court for the District of Massachusetts, case No. 1:25-cv-10601, is stayed pending the disposition of the appeal in the United States Court of Appeals for the First Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and
JUSTICE JACKSON join, dissenting.
This case arises out of the President's unilateral efforts to eliminate a Cabinet-level agency established by Congress nearly half a century ago: the Department of Education. As Congress mandated, the Department plays a vital role in this Nation's education system, safeguarding equal access to learning and channeling billions of dollars to schools and students across the country each year.
Only Congress has the power to abolish the Department.
The Executive's task, by contrast, is to "take Care that the Laws be faithfully executed." U. S. Const., Art. II, §3. Yet, by executive fiat, the President ordered the Secretary of Education to "take all necessary steps to facilitate the closure](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:bcsjnmnthpmcedj6hfwpd52b/bafkreibq75d5gho6s5hjrc2my6dzwi3hkcvzx53h2tu4mpnj63powkngz4@jpeg)
July 15, 2025 at 1:57 AM
It’s really not acceptable that this Court is allowing Trump to dismantle the federal government without even a hint of legal reason or explanation. Just raw power. www.supremecourt.gov/opinions/24p...
Reposted by Brian Highsmith
The fact that impeachment, the obviously-intended remedy for our situation, is seemingly off the table means that the Constitution is at /best/ suspended rn. It may have value as a symbol, but understanding that we are operating outside its frame makes our predicament & our options clearer.
February 24, 2025 at 1:22 PM
The fact that impeachment, the obviously-intended remedy for our situation, is seemingly off the table means that the Constitution is at /best/ suspended rn. It may have value as a symbol, but understanding that we are operating outside its frame makes our predicament & our options clearer.
Reposted by Brian Highsmith
What the current administration understands -- and what Democratic establishment and many of my liberal fellow-travelers have ignored for far too long -- is that there are no *fundamental* rules in the game of politics.
The rules are created by humans, and they are enforced by humans. Or not.
2/
The rules are created by humans, and they are enforced by humans. Or not.
2/
July 15, 2025 at 11:09 AM
What the current administration understands -- and what Democratic establishment and many of my liberal fellow-travelers have ignored for far too long -- is that there are no *fundamental* rules in the game of politics.
The rules are created by humans, and they are enforced by humans. Or not.
2/
The rules are created by humans, and they are enforced by humans. Or not.
2/
Reposted by Brian Highsmith
The Supreme Court's disdain for Congress, the statutory design of agencies, and the public services they provide to millions truly astounds.
Destroying a 50-year-old Cabinet-level department may be the biggest violation of the Take Care Clause in U.S. history—and six justices simply ... don't care.
Destroying a 50-year-old Cabinet-level department may be the biggest violation of the Take Care Clause in U.S. history—and six justices simply ... don't care.
BREAKING: The Supreme Court allows the Trump administration to move forward with the abolition of the Department of Education. It gives no explanation for its order. All three liberals dissent. www.documentcloud.org/documents/25...
From Sotomayor's dissent:
From Sotomayor's dissent:
July 14, 2025 at 8:09 PM
The Supreme Court's disdain for Congress, the statutory design of agencies, and the public services they provide to millions truly astounds.
Destroying a 50-year-old Cabinet-level department may be the biggest violation of the Take Care Clause in U.S. history—and six justices simply ... don't care.
Destroying a 50-year-old Cabinet-level department may be the biggest violation of the Take Care Clause in U.S. history—and six justices simply ... don't care.
Reposted by Brian Highsmith
I have no words. Everyone prepared for the constitutional crisis of the President defying the SCOTUS. The crisis is the SCOTUS being fully aligned with Trump’s vision of presidential power. So here we are.
BREAKING: The Supreme Court allows the Trump administration to move forward with the abolition of the Department of Education. It gives no explanation for its order. All three liberals dissent. www.documentcloud.org/documents/25...
From Sotomayor's dissent:
From Sotomayor's dissent:
July 14, 2025 at 8:10 PM
I have no words. Everyone prepared for the constitutional crisis of the President defying the SCOTUS. The crisis is the SCOTUS being fully aligned with Trump’s vision of presidential power. So here we are.
Reposted by Brian Highsmith
The veneration of the Supreme Court by American lawyers was also a big, big mistake.
July 14, 2025 at 9:34 PM
The veneration of the Supreme Court by American lawyers was also a big, big mistake.
Reposted by Brian Highsmith
The Department of Education exists by statute. Its funding comes from Congress. The EO expresses a plan to dismantle without Congress’s consent. And now the Judicial Branch has co-signed that radical plan rather than defending the separation of powers.
All without explanation.
All without explanation.
With at least some of the cases you could believe the court thinks they need to credit the admin's claim that it's just a "reduction in force," but this EO says multiple times that the intent is to close the Dept of Ed and "return" its functions to the states. There's no fig leaf.
July 14, 2025 at 8:21 PM
The Department of Education exists by statute. Its funding comes from Congress. The EO expresses a plan to dismantle without Congress’s consent. And now the Judicial Branch has co-signed that radical plan rather than defending the separation of powers.
All without explanation.
All without explanation.
Reposted by Brian Highsmith
The majority may think: "We're not ruling on the legality of Trump's actions; it's just a stay." Bullshit. With the injunction stayed, Trump and McMahon will be able to effectuate their evisceration of the Department of Education and it will be impossible to put Humpty Dumpty back together.
The Supreme Court's disdain for Congress, the statutory design of agencies, and the public services they provide to millions truly astounds.
Destroying a 50-year-old Cabinet-level department may be the biggest violation of the Take Care Clause in U.S. history—and six justices simply ... don't care.
Destroying a 50-year-old Cabinet-level department may be the biggest violation of the Take Care Clause in U.S. history—and six justices simply ... don't care.
BREAKING: The Supreme Court allows the Trump administration to move forward with the abolition of the Department of Education. It gives no explanation for its order. All three liberals dissent. www.documentcloud.org/documents/25...
From Sotomayor's dissent:
From Sotomayor's dissent:
July 14, 2025 at 8:31 PM
The majority may think: "We're not ruling on the legality of Trump's actions; it's just a stay." Bullshit. With the injunction stayed, Trump and McMahon will be able to effectuate their evisceration of the Department of Education and it will be impossible to put Humpty Dumpty back together.